Fay Arfa, A Law Corporation

07/18/2023

"S*x Crime Registration Chart"

Helpful S*x Registration Chart

05/08/2023

"San Bernardino County Woman Sentenced to 40 Years in Prison for Making Child S*xual Abuse Material of Children, Including an Infant"

U.S. District Court judge finds 31 year old woman guilty of guilty of one count of obtaining custody of a minor with intent to produce child po*******hy, six counts of production of child po*******hy, one count of distribution of child po*******hy, and one count of possession of child po*******hy. T...

05/16/2022

About Fay Arfa

04/05/2022

Lawyer Gets 10 Years in Federal Prison for Receiving S*xually Explicit Images from Minor. What do you think?

A federal judge sentenced ex-lawyer, Sagi Schwartzberg, 39, of Fontana, who used the aliases “Jason D,” “drunkesq_064” and “xocdrunkx” on social media platforms,to 120 months in federal prison for receiving sexually explicit images and videos from a minor over Snapchat. He lost his law license and pleaded guilty to one count of receipt of child po*******hy. From 2019 to January 2021, Schwartzberg used Snapchat to communicate with a minor. From May 2020 to December 2020, Schwartzberg received several sexually explicit images and videos of the minor over Snapchat. In November 2020, an instant messaging app notified law enforcement that one of its users, which turned out to be Schwartzberg, shared suspected child po*******hy with another IM user or group of users from October 2020 to November 2020. Schwartzberg had uploaded suspected child po*******hy to Kik from his home and his law office. In February 2020, the IM app reported that, in February 2020, a person, who turned out to be Schwartzberg, shared child po*******hy with another user or group of users. During a search on February 17, Fontana Police officers seized Schwartzberg’s mobile phone, which had a hidden vault containing file folders, labeled with girls’ names, one of which contained sexually explicit images and videos of a 14-15 year old girl. The girl told police that Schwartzberg solicited her to send sexually explicit images via Snapchat starting 2019 and that she received electronic gift cards in exchange. Four other minors in California, Minnesota and Iowa said Schwartzberg paid for sexually explicit photos and videos of them via Snapchat and Kik.

03/29/2022

Convicted Terrorist Gets 15 Years in Federal Prison
for Selling Methamphetamine While on Supervised Release

After he pleaded guilty in October 2021 to one count of distributing methamphetamine, a federal judge sentenced Ahmed Binyamin Alasiri, 45, a.k.a. Kevin Lamar to 188 months in federal prison for selling the four pounds of methamphetamine while he was on supervised release after a 2009 terrorism conviction. The judge sentenced him to another 24 months because he violated the terms of his supervised release. Alasiri sold the methamphetamine three times a year after being released from prison and while serving a term of federal supervised release. On July 24, 2020, Alasiri sold the buyer 430 grams of pure methamphetamine in exchange for $3,700. On August 6, 2020, Alasiri exchanged 435 grams of pure methamphetamine to the buyer for $3,700. On August 20, 2020, Alasiri distributed 877 grams of pure methamphetamine to the buyer in exchange for $7,400.
Alasiri was on supervised release after completing a 16-year federal prison sentence for conspiring to levy war against the United States through terrorism. Alasiri’s co-conspirators committed armed robberies of gas stations to raise money for attacks Alasari planned on U.S. military operations and Israeli and Jewish facilities in Southern California. Alasiri completed his prison sentence in September 2019.

03/29/2022

Drug Dealer Gets 22 Years in Federal Prison for Distributing Methamphetamine

After admitting that he sold 2.88 kilograms (about 6.3 pounds) of methamphetamine in 2019. a federal judge sentenced Efrain Chavez, 37, aka “Chino, to 260 months in federal prison for selling huge amounts of methamphetamine five different times. When the feds arrested him in November 2019, Chavez had another 2.2 kilograms (nearly 5 pounds) of methamphetamine. Chavez, who proclaimed himself to be the leader of the Barrio San Rafael street gang, has a 19 year criminal history, including five prior felony convictions. He was on felony probation when he sold the methamphetamine.

03/25/2022

Congressman Jeff Fortenberry Found Guilty of Concealing Facts and Lying to Investigators Probing Illegal Campaign Contributions

U.S. Representative Jeff Fortenberry, 61, who served in Congress since 2005 and represented Nebraska’s 1st Congressional District, was found guilty by a federal jury of concealing information and making false statements to federal authorities who were investigating illegal contributions made by a foreign national to the congressman’s 2016 re-election campaign. The jury found him guilty of one count of scheming to falsify and conceal material facts and two counts of making false statements to federal investigators.
After learning of illegal contributions to his campaign, the congressman repeatedly chose to conceal the violations of federal law to protect his job, his reputation and his close associates. Fortenberry lied to and misled authorities during two interviews with federal authorities who were looking into illegal contributions to Fortenberry’s re-election campaign made by a foreign billionaire in early 2016. Gilbert Chagoury, a foreign national prohibited by federal law from contributing to any U.S. elections, donated $30,000 of his money through “straw donors” who attended a Fortenberry campaign fundraiser held in Los Angeles.
Foreign nationals cannot legally make contributions to a federal campaign. It also is illegal for the true source of campaign contributions to be disguised by funneling the money through third-party conduits.
Chagoury entered into a deferred prosecution agreement with the United States Attorney’s Office in 2019 in which he admitted providing approximately $180,000 that was used to make illegal contributions to four different political candidates in U.S. elections. Chagoury paid a $1.8 million fine.
The co-host of the Fortenberry 2016 fundraiser, who is referred to in court papers as “Individual H,” began cooperating with federal authorities in September 2016 and informed special agents with the FBI and IRS Criminal Investigation about the illegal contributions. In response, investigators began looking into whether the Fortenberry campaign received illegal conduit contributions, whether Fortenberry knew about illegal contributions – both foreign contributions and conduit contributions – at the 2016 fundraiser, whether Fortenberry knew about illegal foreign contributions from Chagoury, and whether Fortenberry had any communications with Chagoury in relation to the illegal contributions made at the 2016 fundraiser.
In the spring of 2018, Fortenberry contacted Individual H about hosting another fundraiser. In a June 2018 call, Individual H told the congressman on multiple occasions that a close associate of Chagoury and political ally of Fortenberry – Toufic Joseph Baaklini, who also entered into a deferred prosecution agreement with prosecutors – had provided him with $30,000 cash to route to Fortenberry’s campaign at the 2016 fundraiser. Individual H told Fortenberry that the money – which was distributed to other individuals at the fundraiser so the donations could be made under their names and avoid individual donor limits – “probably did come from Gilbert Chagoury.”
Despite learning of the illegal campaign contributions, Fortenberry did not file an amended report with the Federal Elections Commission.
Instead, after learning this information, Fortenberry made false and misleading statements during a March 23, 2019, interview with investigators who specifically told him it was a crime to lie to the federal government. Fortenberry falsely told investigators that he was not aware of Baaklini ever being involved in illegal campaign contributions, that the individuals who made contributions at the 2016 fundraiser were all publicly disclosed, and that he was not aware of any contributions to his campaign from a foreign national.
At a second interview on July 18, 2019, with federal investigators and prosecutors, Fortenberry made additional false statements, including denying he was aware of any illicit donations made during the 2016 fundraiser, denying that Individual H had told him Baaklini had provided the $30,000 cash at the 2016 fundraiser, and stating that he would have been “horrified” to learn about the illegal conduit contributions.
During this second interview, Fortenberry also misleadingly stated he ended the June 2018 call with Individual H after that person made a “concerning comment,” when in fact Fortenberry continued to ask Individual H to host another fundraiser for his campaign, according to court documents.

03/25/2022

The Feds Charge Man with Illegally Importing Thousands of Endangered Reptiles into the United States

The feds charged Jose Manuel Perez, a.k.a. “Julio Rodriguez,” 30 with one count of conspiracy, nine counts of smuggling goods into the United States and two counts of wildlife trafficking for allegedly importing into the United States more than 1,700 reptiles – including 60 reptiles found hidden in his clothes last month at the United States-Mexico border. The feds also charged his sister, Stephany Perez, 25, with conspiracy. weeks.
The feds accuse Jose Perez of crossing into the U.S. from Mexico by car at the San Ysidro Port of Entry on February 25 with about 60 reptiles, including lizards and snakes, hidden inside his jacket pockets, pants pockets, groin area, and pant legs. Perez initially denied he had anything to declare, but later said "the animals were his pets.”
From January 2016 to February 2022, the Perez siblings and their co-conspirators used social media to buy and to negotiate the terms of the sale and delivery of wildlife in the United States. The defendants allegedly advertised for sale on social media the animals smuggled from Mexico into the United States, posting photos and video that depicted the animals being collected from the wild. The animals – which included Yucatan box turtles, Mexican box turtles, baby crocodiles and Mexican beaded lizards – allegedly were imported into the United States from Mexico and Hong Kong without obtaining permits required by an international treaty known as the Convention on the International Trade of Endangered Species of Wild Fauna and Flora (CITES). For the animals allegedly smuggled from Mexico, co-conspirators would retrieve the wildlife from Cuidad Juarez International Airport in Mexico and eventually ship the animals by car to El Paso, Texas. Jose Perez paid his co-conspirators a “crossing fee” for each border crossing – the amount of which depended on the number of animals transported, the size of the package, and the risk of being detected by the authorities.
Other times, Jose Perez and a co-conspirator traveled to Mexico to buy more live animals that had been taken from the wild so that the animals could be smuggled into the United States. Once the animals had been shipped to the United States, they were transported to Perez’s then-residence in Missouri. But after Perez moved to California, the wildlife was shipped to his residence. .
Stephany Perez allegedly assisted in the illegal wildlife smuggling business, particularly during two extended periods when her brother was incarcerated in the United States.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
If convicted of all charges, the defendants would face a statutory maximum sentence of five years in federal prison for the conspiracy charge. Jose Perez would face a statutory maximum sentence of 20 years in prison for each smuggling count and five years in prison for each wildlife trafficking count. Jose Perez has been in federal custody since his arrest on February 25.

03/17/2022

AB 1228 requires a court to release a person on their own recognizance pending probation revocation hearing, absent clear and convincing evidence that conditions or bail are necessary

On October 5, 2021, Governor Gavin Newsom signed Assembly Bill No. 1228, effective January 1, 2022, which amends the court’s authority over a person arrested for violation of probation. The new law requires the court to consider releasing the person pending a revocation hearing in accordance with new Penal Code section 1203.25. Section 1203.25, subdivision (a), requires release of such person “on their own recognizance unless the court finds, by clear and convincing evidence, that the particular circumstances of the case require the imposition of an order to provide reasonable protection to the public and reasonable assurance of the person’s future appearance in court.” The new provision requires the court to select the least restrictive conditions of release if conditions are deemed necessary, such as telephonic reporting to the probation department, protective orders, GPS monitoring, or an alcohol use detection device. Costs of release conditions shall not be assessed against the person. As with conditions, cash bail shall not be imposed unless the court finds clear and convincing evidence that other conditions are inadequate to protect the public and assure the person returns for the revocation hearing. Bail must be set at a level the person can reasonably afford. Bail bonds and property bonds are not permitted. For misdemeanor conduct that may violate probation, the court must release the probationer unless the person fails to comply with a court order, such as an order to appear. If the basis for the probation violation results in a new charge, the court’s authority to hold or release is not limited by this statute.

03/17/2022

SB 775 modifies Penal Code section 1170.95 by, inter alia, expanding its application to attempted murder and manslaughter, codifying the holding of People v. Lewis (2021) 11 Cal.5th 952, outlining what evidence is admissible at the (d)(3) hearing, and reaffirming the proper burden of proof at the (d)(3) hearing

On October 5, 2021, Governor Gavin Newsom signed Senate Bill No. 775, effective January 1, 2022, which amends Penal Code section 1170.95. The changes are significant. They are:
• Amendment to subdivision (a) expands eligibility to file a petition to vacate convictions to persons who were convicted of murder based on a theory under which malice is imputed to a person based solely on that person’s participation in a crime, attempted murder under the natural probable consequences doctrine or who were convicted of manslaughter.
• Addition of subdivision (b)(3) clarifies that after receiving a petition which is facially sufficient, or where any missing information could readily be ascertained, the court must appoint counsel if petitioner so requests. This subdivision codifies a holding from People v. Lewis (2021) 11 Cal.5th 952, 963.
• Amendment to subdivision (c) clarifies that after the parties submit briefing, the court must hold a hearing to determine whether petitioner has established a prima facie case for relief; and if the court declines to find a prima facie case and issue an order to show cause, it must provide a statement of reasons for its decision
• Amendment to subdivision (d)(3) clarifies two important points: the government’s burden and the evidence which can be admitted at the hearing to determine whether petitioner is entitled to relief.
o With respect to the burden, it is the government that must show, beyond a reasonable doubt, that petitioner is guilty of murder or attempted murder under California law as amended by Senate Bill No. 1437, to defeat relief. The new statute specifically states: “A finding that there is substantial evidence to support a conviction for murder, attempted murder, or manslaughter is insufficient to prove, beyond a reasonable doubt, that the petition is ineligible for resentencing.”
o With respect to evidence that can be admitted at the hearing, the amendment removed language permitting the parties to rely on the record of conviction. Instead, the prior appellate opinion can be considered for the procedural history of the case. The amendment explicitly allows admission of evidence as governed by the Evidence Code. And, it clarifies that evidence admitted at a prior hearing or trial can be admitted during the (d)(3) hearing, only if that evidence is admissible under current law. Notably, hearsay evidence admitted at a preliminary hearing under Penal Code section 872, subdivision (b) (see Whitman v. Superior Court (1991) 54 Cal.3d 1063) must be excluded unless it is admissible pursuant to another exception to the hearsay rule.
• Amendment to subdivision (e) directs that if petitioner is entitled to relief, and a target offense was not charged but rather only murder or attempted murder were generically charged, the conviction shall be redesignated as the target offense or underlying felony for resentencing purposes.
• Addition of subdivision (g) allows defendant to pursue relief based on the changes to Penal Code sections 188 and 189, in the direct appeal. This new subdivision explicitly overrules People v. Gentile (2020) 10 Cal.5th 830, 851-852.
• Amendment to redesignated subdivision (h) sets the maximum permissible parole period after resentencing to be two years instead of three years.

03/11/2022

Hollywood Executive to Plead Guilty to Fraud and Money Laundering Charges for Stealing Money from COVID Relief Program

William Sadleir, 67, the former chief executive of Aviron Pictures has agreed to plead guilty to bank fraud and money laundering. admitting that he applied for and received $1.7 million in loans under the Paycheck Protection Program (PPP) for Aviron entities when the entire operation was being shuttered as a result of his embezzlement. Sadleir filed bank loan applications seeking $1.7 million dollars in forgivable PPP loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Sadleir obtained the loans for three Aviron entities by falsely representing that the funds would be used to support payroll expenses for 33 employees at each company, when in fact the entities were no longer operational. Within days of the loans being funded on May 1, 2020, Sandleir transferred nearly $1 million to his personal checking account.
Sandleir “expended a substantial amount of the fraudulent loan proceeds on utility bills, mortgage expenses, and his personal attorney, among other things,” he admitted in his plea agreement. Sandleir “did not use any of the fraudulent loan proceeds to pay employees of the Aviron companies.” After discovering the fraudulent loan applications, federal agents seized $308,058 of fraudulent loan proceeds from an Aviron account, and Sandleir returned $1,122,090 to the bank that funded the loans. As a result of the fraudulent PPP loan scheme, the SBA suffered losses of $282,566. In his plea agreement, Sandleir agreed to pay full restitution.
Once he pleads guilty to the two offenses, Sandleir will face a statutory maximum sentence of 50 years in federal prison. Prosecutors have agreed to recommend that whatever sentence is imposed should run concurrent with a sentence to be imposed in a pending case in the Southern District of New York. Sandleir is scheduled to be sentenced in the New York case on May 10 after he pleaded guilty in January to wire fraud for misappropriating more than $25 million that had been invested in Aviron.

03/07/2022

Ninth Circuit Upholds Prosecutor's Striking of Black Jurors

The Court of Appeals for the Ninth Circuit Court of Appeals reversed a grant of a death penalty habeas petition to determine if the prosecutor kicked a black prospective jurors on the basis of race. The Black juror served on a prior jury that acquitted the defendant in a sexual assault case. The State kept on a White juror who had served on a prior jury, on a trespassing and assault case. After the case went back to the California Supreme Court, the California Supreme Court the prosecutor did not kick the black prospective juror on the basis of race. The Ninth Circuit agreed. The 9th agreed with the state supreme court and reversed. Oliver v. Davis, No. 20-99000 (Miller w/Clifton & M. Smith). What Batson giveth, a panel of the 9th taketh away.